This Week
Week 89: A Government That Won’t Spend, Won’t Show Up, and Won’t Rule Out Emergency Powers

“`markdown This was the week the executive branch treated congressional appropriations, court orders, and press credentials as negotiable propositions rather than binding obligations, while the machinery of a national election seven weeks away ran increasingly short of guardrails.
The pattern announced itself immediately. Over the weekend, the administration said it would not spend $810 million that Congress had appropriated for HHS, refugee, and minority-serving programs, dismissing the money as waste. The Government Accountability Office had already concluded that the underlying maneuver — a so-called pocket rescission — was unconstitutional, and a second rescission of roughly $1 billion followed within a day. Senators Patty Murray and Susan Collins both condemned the move, though Collins drew particular scrutiny for having voted to confirm an OMB director who had long signaled he would pursue exactly this kind of impoundment. The same weekend brought a second institutional jolt: the Supreme Court, over the dissent of its three liberal justices, let the administration resume using an overhauled citizenship-verification database to screen voter rolls, despite a lower court’s finding that the system violated privacy law. A related case on the scope of pre-election voter purges was set for argument in December, meaning the practical risk of erroneous purges — including of naturalized citizens — would run well ahead of any final judicial resolution.
A third weekend story concerned the press. Federal judge Timothy Kelly ordered the White House to restore credentials for CNN, MSNBC, and Politico, finding no national-security justification for having stripped them. The ruling did not hold for long in practice: within hours the outlets were shut out of state dinner coverage, and in the following days they lost their turns in the Air Force One press pool, with a friendlier outlet substituted in CNN’s place. A government that treats a direct court order as an obstacle to route around, rather than a command to obey, set a tone that would recur throughout the week. Separately, career Justice Department prosecutor Sheri Mecklenburg resigned, alleging that a Trump-aligned U.S. Attorney had personally ordered felony charges against protesters over her objection, then blamed her when the prosecution collapsed.
By Monday, the funding story had a companion: taxpayer money spent to promote the president politically. The administration aired a taxpayer-funded, black-and-white advertisement built around Trump’s 2024 campaign rhetoric during NFL broadcasts, at a cost of roughly $319,000, while Trump separately released a "Final Battle" video vowing to "demolish the deep state" and "rout the fake news media." Former Kennedy Center employees alleged a smaller but similarly themed diversion, saying $1.4 million budgeted for roof repairs had instead gone toward a $4.4 million repainting project connected to adding Trump’s name to the building. Monday also brought the week’s first clear economic warning signs: mortgage rates reached 7.50 percent, gas hit $4.48 a gallon, and a Republican nominee for the Texas Railroad Commission was reported to have repeatedly called for public executions of political opponents without losing his party’s endorsement — a reminder that economic strain and extreme rhetoric were both shaping the environment heading into the midterms.
Tuesday centered on Capitol Hill, where Special Counsel Jack Smith testified before the Senate Judiciary Committee, defending his investigations and warning of what he called unprecedented threats to the rule of law, including his claim that Trump had personally threatened him with jail. The hearing’s more memorable moment, however, was an attempted ambush that fell apart in real time: Senator Eric Schmitt tried to allege a secret meeting between Smith and a Georgia prosecutor based on a text referencing a "Hawks" game, which turned out to describe an Iowa Hawkeyes basketball game rather than anything resembling the insinuated meeting. Republican staff had reportedly warned Schmitt the underlying texts were unvetted, and withheld them from Democrats beforehand regardless. The same day, the GAO’s formal finding that the $810 million cancellation violated the Constitution gave the impoundment fight its first authoritative legal grounding. In a smaller but telling episode, a new government chatbot at America.gov was found fact-checking several of Trump’s routine false claims within hours of launch; the administration restricted its answers by Tuesday afternoon, then restored them by evening. Tuesday also brought a substantive policy blow: the administration removed roughly 760,000 people from ACA coverage, citing unverified fraud, even as a bond market sell-off and an Iowa farm crisis tied to tariffs added to Republican anxiety about the Midwest. Trump, meanwhile, publicly claimed "complete authority" over the spending of his super PAC, MAGA Inc., a direct assertion of the kind of coordination federal law is designed to prevent.
Wednesday widened the funding fight into formal litigation. Seven states sued in California over the $810 million rescission, and New York separately sued the Department of Housing and Urban Development over $56.1 million in withheld housing counseling funds — the impoundment question now squarely before the courts rather than only before Congress and the GAO. The same day, a Trump-appointed judge blocked release of Jack Smith’s final report on the classified documents investigation, departing from standard practice and limiting public accountability over that inquiry. The Supreme Court’s conservative majority, in a separate case, lifted a requirement that immigrants be given notice and a chance to raise fears of torture or persecution before being deported to third countries, with full argument deferred to December. Wednesday also brought a grave institutional failure in Tennessee: Christa Pike survived two doses of lethal injection drugs and was transported to a medical facility in critical condition after Governor Bill Lee denied clemency and the Supreme Court lifted a stay blocking her execution. Lee subsequently suspended all executions in the state and ordered an independent inquiry, an acknowledgment that something had gone seriously wrong with the protocol itself. And at Quantico, Defense Secretary Pete Hegseth delivered a speech announcing new personnel standards that explicitly excluded categories of people he derided with slurs, framing press criticism of the military as "treason" — a public commitment to ideological conformity inside an institution built to serve the Constitution rather than any single leader. The Senate, for its part, failed to advance a bill restricting congressional stock trading and blocked a separate bill addressing consumer electricity costs tied to data-center growth, further evidence of gridlock on ethics and cost-of-living questions.
Thursday turned on a single interview. Trump told TIME magazine he would not rule out declaring a state of emergency or invoking the Insurrection Act before the midterms, said he regretted appointing Supreme Court justices who had ruled against him, and discussed the possibility of "annihilating" Iran. Taken together, the remarks amounted to a sitting president declining, on the record, to foreclose the use of emergency or military powers around a national election. The same day brought a sharper counterexample of judicial independence: a federal judge dismissed with prejudice the government’s prosecution of Olympian David Hearn over damage to the Reflecting Pool that contractors themselves had admitted causing, warning that continuing the case would amount to political harassment after Trump had publicly pushed for prosecution. The Supreme Court agreed to review the administration’s reinterpretation of immigration law that would allow indefinite detention without bond hearings, a position most lower courts had already rejected. California moved in the opposite direction, with Governor Newsom signing legislation including the "No Kings Act," creating new civil remedies against federal immigration officers that plaintiffs invoked almost immediately, and separately banning child marriage outright. The economic backdrop darkened further: the Bureau of Labor Statistics reported just 29,000 new jobs against expectations of 84,000, with substantial downward revisions, while independent truckers and Iowa farmers described severe financial strain from fuel costs and tariffs. Hegseth, continuing his Wednesday theme, announced a new Office of Religious Affairs reporting directly to him, invoked Christian nationalist language, and unveiled a military-strategy effort co-led by Elon Musk, Palmer Luckey, and Newt Gingrich — none of whom has served in the military. Separately, the Justice Department announced findings that UCLA Law School had discriminated against white and Asian applicants in admissions, later expanding its scrutiny to UC Berkeley Law and UC San Diego’s medical school.
Friday closed the week with the impoundment and press-funding threads converging: the administration redirected $20 million in DHS funds to pro-Trump advertising ahead of the midterms, while the Democratic National Committee sued over Pentagon changes to the overseas voter registration form that had removed an option for citizens born abroad. A federal judge in Texas, Kathleen Cardone, issued a temporary injunction halting expanded border wall construction in Big Bend, finding the Department of Homeland Security had improperly bypassed environmental and historical protection laws — a rare instance of judicial pushback succeeding cleanly. Less encouraging was a report that ICE had briefly posted, then deleted, internal reviews documenting inadequate medical care in at least six detainee deaths, with the overall death toll in custody reaching at least 56 under the current term. The week’s military escalation continued as well, with the announcement of a third aircraft carrier strike group deploying to the Middle East, adding thousands of troops in the wake of the president’s annihilation rhetoric about Iran earlier in the week. In New York, Governor Hochul appointed Attorney General Letitia James as special prosecutor in the Cornell fraternity sexual assault case after criticizing the local district attorney’s handling, as a nationwide "I Am Jane Doe" movement emerged to protect the alleged victim’s anonymity, even as false footage also circulated online — a reminder that institutional accountability and public misinformation can unfold on the same story simultaneously. Finally, Trump’s super PAC, MAGA Inc., was reported to have raised over $400 million for the midterms, an unprecedented sum drawn substantially from entities seeking or recently receiving favors from the administration.
Viewed as a whole, the week’s throughline was less about any single scandal than about the normalization of discretion where none is supposed to exist: money Congress appropriated and the executive declined to spend, court orders the White House worked around rather than obeyed, and presidential language about emergency powers left deliberately unresolved weeks before an election. Courts and watchdogs pushed back with real effect in places — the GAO’s constitutional finding, the dismissal of a politically pressured prosecution, an injunction against improper environmental waivers — demonstrating that institutional checks still function when invoked. But the same week showed how often those checks arrive after the fact, correcting conduct that has already occurred rather than preventing it, while economic strain on households and farmers compounded the stakes of a midterm election now approaching under conditions its own chief executive declined to fully guarantee would proceed undisturbed. “`